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Short-time work: Special regulations partially extended

The last special regulations for receiving short-time allowance expired on 30 June 2022.

Newsletter Law

The monthly legal update for the mechanical engineering industry - exclusively for member companies

Wartime procurement

Material price escalator clauses can ensure that companies can continue to act economically in the context of public tenders.

VDMA Committee Public Procurement

Every year, the public sector awards contracts worth hundreds of billions of euros to private companies.

Agreement on the directive on minimum wages

The EU has reached an agreement on the minimum wages directive. Member states with minimum wages are required to establish a framework for setting and updating minimum wages.

Minimum wage: increase to come on 1 October 2022

The statutory minimum wage will rise to € 12 per hour from 1 October 2022.

Collective bargaining round: IG-Metall Executive Board recommends 7 % to 8 % increase

The Executive Board of IG Metall has issued its recommendation for the upcoming collective bargaining round in the metal and electrical industry.

Updated FAQ on the Money Laundering Act (GWG)

On 25 May 2022 the Federal Office of Administration issued an updated set of questions and answers about the Money Laundering Act and the Transparency Register.

Make supply chain due diligence law more efficient

In its latest report, the BMWK's Scientific Advisory Board shares the concerns of the business community and recommends that preventive risk management be dispensed with and that positive and negative lists be introduced.

EU Commission adopts new exemption regulation

With the revision of the Vertical Block Exemption Regulation dating from 2010 and the Vertical Guidelines, companies should be able to evaluate their supply and distribution agreements more easily.

EU Commission adopts new exemption regulation

With the revision of the Vertical Block Exemption Regulation dating from 2010 and the Vertical Guidelines, companies should be able to evaluate their supply and distribution agreements more easily.

Employer's liability for Corona infections

Two labor court rulings clearly show when employers can be liable in connection with Corona infections of employees.

Evidence Act: Digitization ban unacceptable

On 12 May 2022 the first reading on the bill to implement the Working Conditions Directive took place in the Bundestag.

Reasons for termination in connection with 3G regulation

Can a falsified certificate of recovery or an invalid test certificate constitute grounds for termination of employment?

BAG on the obligation to test corona in the company

Employers may order corona tests for employees in the workplace

Adoption of the data governance law

The Data Governance Act shall apply from 24 September 2023. This law is an important part of the EU's data strategy, which aims to strengthen the data economy.

Notes on occupational infection control

The German Federal Ministry of Labor (BMAS) has now published an updated FAQ catalog following the expiration of the SARS-CoV-2 occupational health and safety regulation and rule on May 25, 2022.

SARS-CoV-2 occupational health and safety regulation expires

The German Federal Ministry of Labor and Social Affairs (BMAS) has announced that the SARS-CoV-2 Occupational Health and Safety Regulation will not be renewed.

Sample self-declarations due to Russia sanctions

BMWK and BMWSB provide sample self-declarations in the context of Russia sanctions.

Transparency register - Transition period for limited liability companies expires on 30 June

The transitional period for the registration of beneficial owners in the transparency register expires on 30 June 2022 for corporations in the form of limited liability companies, cooperatives and partnerships.

VDMA establishes new digitaLegis working group

The digitaLegis working group deals with the interface between digitization and law: In the course of digitization, legal aspects are increasingly becoming more important.

BAG on the burden of proof in overtime compensation proceedings

If an employee sues for payment of overtime, he or she must be able to prove it. This applies regardless of whether the employer has introduced a time recording system.

Manufacturer status of domestic distributors

The Local Court of Münster presents the central aspects of manufacturer's liability in the context of product liability very clearly in a judgment.

Brexit - Short-term work assignments based on a sales contract possible without a visa

British government consolidates previously existing visa categories in new Global Business Mobility visa.

Innovations in labor law and current case law

The new SARS-CoV-2 occupational health and safety regulation withdraws many pandemic-related protective measures in the workplace. High court rulings have also been handed down.

No quarantine compensation without "booster"

The provision of Section 56 (1) of the Infection Protection Act (IfSG) makes the granting of compensation for periods of quarantine dependent on vaccination status.

No adjustment to SARS-CoV-2 occupational safety and health rule

The revision of the SARS-CoV-2 occupational health and safety rule continues to be a long time coming. The responsible work group of the Workplace Committee will not discuss this again until May 11, 2022.

VDMA’s initial assessment of the Data Act

VDMA has completed an initial assessment of the Data Act: the obligation to provide data and the fairness test for contractual B2B agreements are particularly critical.

Agreement with the USA on Privacy Shield improvements

The EU and the US announced on 23 March 2022 that they had reached a political agreement on a Trans-Atlantic data protection framework. However, it is not yet a done deal.

Updated FAQ on Tracking, Cookies & Co.

Revised FAQ of the LfDI Baden-Württemberg provides valuable advice for websites, apps, but also IoT devices.

EU Consultation on Standard Essential Patents

New EU legislation on SEPs: Commission seeks input for consultation

Nuisance advertising (UWG)

Promotional statements in non-promotional letters: Consent may be required

Implementation of Whistleblower Directive is moving forward

Federal Ministry of Justice presents new draft law to implement the so-called EU Whistleblower Directive (HinSchG-E)

Russia sanctions and procurement law

Aspects of Public Procurement Law in the Fifth Sanctions Package - Prohibition on Awarding and Fulfilling Public Contracts in Connection with Russian Persons, Organizations and Institutions

Presentation of a forged vaccination certificate

How can employers react to the presentation of a forged vaccination card? Give a warning or immediately terminate the employment? The ArbG Düsseldorf has ruled on a corresponding case.

Catch-all clause not an appropriate confidentiality measure

In order for a trade secret to be recognized, it is necessary, among other things, to take confidentiality measures under employment law. General confidentiality clauses are not sufficient for this purpose.

80% rule for progress payments also in VOB contract

According to the KG Berlin, the 80% rule for progress payments contained in Section 650c of the German Civil Code (BGB) also applies in a contractual relationship based on the VOB/B.

Draft EU Directive available in German

The draft EU directive on corporate due diligence with regard to sustainability and annex is now also available in German

Refugees have faster access to the labor market

Already in the so-called fictitious certificate will enter "gainful employment allowed".

Focus Switzerland

VDMA offers two member-exclusive events with focus on Switzerland.

OECD Anti-Corruption Survey for SMEs

The OECD is asking for the participation of small and medium-sized enterprises (SMEs) in surveys on corruption risks and the impact of the Corona and economic crisis.

Employment of workers from non-EU/EEA countries

Skilled Workers Immigration Act opens up new prospects for recruitment.

EU survey on mutual recognition agreements (MRA)

The European Commission has launched a survey on conformity assessment, with a special focus on Mutual Recognition Agreements (MRAs).

Labor market: employment opportunities for refugees

Refugees from Ukraine are expected to remain in Germany for an extended period of time.

Possibilities for receiving short-time allowance

The war in Ukraine has now also had a massive impact on companies in Germany.

Event: Swiss law in mechanical and plant engineering

Swiss law is a frequently chosen "neutral law", although the contracting parties are not always familiar with it. VDMA is offering an information event on this topic on 27.04.2022.

Legal Publication: War in Ukraine and Crisis with Russia

VDMA's Legal Department exclusively provides member companies with a publication on current legal issues related to the war in Ukraine and the crisis with Russia.

Crediting of quarantine periods against leave

Are periods of quarantine ordered by the authorities to be credited against vacation? This is disputed between regional labor courts - an overview

Proof of receipt of an e-mail

How do you prove receipt of a declaration of intent made by e-mail?

Expiry of vacation entitlement in the event of prolonged incapacity for work

A violation of the employer's obligation to cooperate may be harmless if the employee could not take his vacation anyway due to continuous incapacity for work.

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VDMA Infoportal Ukraine War
The machinery and plant engineering sector condemns the Russian invasion of Ukraine in the strongest possible terms. The VDMA will support its member companies in word and deed in order to master the many challenges that are now arising.
Labor law
Whether it be short-time work, service contracts, working shifts or home office, the parameters for modern work and flexible crisis measures are changing continuously.
Labor Market
Competitiveness, growth and job security require adaptability, value creation based on the division of labour and a flexible labour market. Digitalisation requires modern framework conditions for Work 4.0.
GTC reform
Companies depend on legally secure contractual regulations. The restrictive application of German law on general terms and conditions (GTC) prevents this - resulting in great legal uncertainty and liability risks.
Brexit
The transitional arrangement between the EU and the UK expired at the end of December 2020. There will certainly be changes concerning trade with the UK. What do mechanical and plant engineering companies need to anticipate?
Covid-19 Legal Consequences
The Covid 19 pandemic presents an exceptional situation for companies and employees as well as for suppliers and customers. Many legal questions still need to be answered, e.g. regarding the areas of labor law, contract law, and tax law. In addition, there are numerous legal requirements for travel activities and various quarantine regulations.
Corona-Virus: Current VDMA Information
The VDMA is closely monitoring the developments surrounding the Corona virus. Specific information on legal and insurance issues is available for VDMA members.
Home Office
For many employees, working in a home office is a completely new situation that has caught them very unprepared due to the pandemic. This raises a host of practical and legal issues.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?

To the point

To the point

Auf den Punkt Zitat Legal

"The Supply Chain Act is a political fiasco."

Thilo Brodtmann, VDMA Executive Director

Auf den Punkt Zahl Legal

4,1

per cent decline in employment

in mechanical and plant engineering in Germany at the end of 2020.

Source: VDMA

Auf den Punkt Zusammenfassung Recht

Summary
Bundestag passes the Supply Chain
  • Legislature expressly clarifies that no additional civil liability risk will be created by this Act.
  • Otherwise, no implementation in line with SMEs; SMEs remain heavily burdened by law.
  • VDMA will actively represent the interests of its member companies in the European legislative process.

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Further VDMA Services
Your contact persons in the Legal Department
for legal issues in mechanical engineering - exclusively for our member companies

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Our publications
Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
Events
The Legal Department offers seminars and events for member companies covering current topics and legal queries, some of which are held in cooperation with the German Mechanical Engineering Institute (MBI).
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.

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Annual Report of the Legal Department
The current annual report of the Legal Department for 2021 has been published. Member companies can download it here.

Working groups/Committees

Working groups/Committees
Legal Working Group
Working Group Labour Law
With a fixed group of participants, employment law problems and developments in the area of case law and legislation are discussed at regular intervals and positions are developed. The impact of digitalisation on the world of work and the associated challenges in terms of employment law are an important part of the format

Management

Fabian Seus

Legal Working Group
AK Compliance Management
With a fixed group of participants consisting of experienced compliance officers from the member companies, current topics from different areas of compliance management are discussed and guidelines are developed to support VDMA member companies in the implementation of legal compliance requirements.

Chair

Meinhard Remberg

SMS group GmbH

Management

Anette Binder

Legal Working Group
DigitaLegis working group
The digitaLegis working group deals with the interface between digitization and law: In the course of the digitization of mechanical engineering, legal aspects are increasingly coming to the fore alongside a wide range of technical issues. The working group is intended to provide interested members with a platform for a targeted exchange of experience and to offer practice-oriented approaches for dealing with legal issues relating to digitization.

The aim of the working group is to
- To bring together interested companies to exchange experiences,
- to develop practical assistance,
- comment on current topics/legislative projects, and
- create awareness and transparency and provide information.

Participants
The working group is aimed at machine and plant manufacturers, operators, automation companies, etc. Participants are primarily lawyers, IT and technology managers, data protection officers, and product managers with a connection to Industrie 4.0 or data-oriented business models.

Chair

Dr. Christine Payer

Dürr Aktiengesellschaft

Legal Working Group
Industrial Property Rights Working Group
The Industrial Property Rights Working Group sees itself as an interdisciplinary body that addresses all topics of industrial property rights in mechanical engineering. The participants from the member companies consist of lawyers and technically experienced persons in charge (e.g. engineers from the patent departments, persons responsible for trademarks, etc.). The interdisciplinary approach ensures that all facets of mechanical engineering are represented. In addition to the development of samples and positions, the exchange of experience is the main component of the activities of the working group. The working group meets twice a year.

Chair

Dr. Stephan Wolke

thyssenkrupp AG

Legal Committee
Public procurement
The Public Procurement Committee deals with fundamental issues of national and European public procurement law as well as the contract terms and conditions of public contracting authorities. This involves, among other things, the preparation of statements or participation in the amendments to the contracting regulations VOB and VOL. The VDMA positions are submitted to the public procurement committees and the federal ministries in charge. The committee meets twice a year.

Chair

Dipl.-Ing. (FH) Markus Janse

OSMA - Aufzüge

Legal Committee
Legal Committee
The VDMA Legal Committee is the traditional central body of the VDMA Legal Department, currently consisting of about 65 heads of legal departments of member companies. In the VDMA Legal Committee, legal topics relevant to mechanical engineering are discussed in a dedicated exchange, legal problems are identified and VDMA positions are co-drafted. The committee, which meets once a year, deals with ongoing topics (reform of the General Terms and Conditions) as well as current legal issues (digitalization, etc.) and offers members space for the important exchange of experience.

Chair

RA Dr. Jörg Kondring

Voith GmbH & Co. KGaA

Legal Committee
Contract Law Committee
The Contract Law Committee is a body of commercial lawyers from VDMA member companies that meets twice a year and deals with current problems of contract law in Germany and abroad. Among other things, this grouping oversees the VDMA terms and conditions in cooperation with the VDMA legal department.

Chair

Ulrich Kugler LL.M.

ANDRITZ HYDRO GmbH

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Largest industry network in Europe

Around 3,400 primarily medium-sized member companies in the capital goods industry make the VDMA the largest industrial association in Europe and the most important network organization in the industry.

Strong representation of interests

The VDMA is the most important voice of the mechanical and plant engineering industry. It represents the common economic, technical and scientific interests of the industry in Germany and around the world.

A wide range of services

More than 500 VDMA employees worldwide support you with practical services to make the right decisions in your company - along the entire value chain.